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Who is Ma Zhihua?
In the eyes of many people, he is a lawyer and arbitrator with an international background, outstanding strength, and expertise in handling complex foreign-related commercial disputes, and enjoys a good reputation in the circle.
In the eyes of others, he is a delicate and sensitive literary young man with a unique observation of everything around him, who loves photography, writing, travel, especially food, and his circle of friends is all about this.
It's not a lawyer.
From Beijing to Washington, D.C., from the Gault brothers to Dahui, his experience has been nothing short of a gripping adventure. But what is even more striking is the transformation he has taken along the way, and the story of tenacity, hard work and the pursuit of excellence behind this transformation.
Let's follow in the footsteps of Ma Zhihua and get a glimpse of the lawyer's fascinating journey in the fields of jurisprudence and international arbitration.
Guest of this issue
Ma Zhihua
Partner at DaHui Law Offices
Arbitrator of CIETAC of China International Economic Arbitration Commission
Arbitrator of SCIA, Shenzhen Court of International Arbitration
SHIAC Arbitrator of Shanghai International Economic Arbitration Commission
Arbitrator of ICC Court
Arbitrator of HKIAC HKIAC
Arbitrator of the SCC of the Arbitration Institute of the Stockholm Chamber of Commerce
Ma Zhihua was admitted to the law department of Peking University in 1996, and after completing his undergraduate studies in 2000, he plans to pursue postgraduate studies abroad. Among the offers from a number of prestigious schools, GWU (George, USA) with a solid academic style. The University of Washington) School of Law offered him a full tuition waiver, and Ma Zhihua chose it without much hesitation. Later, after completing his studies at GWU, he qualified to practice law in New York State.
At that time, Ma Zhihua was standing at a crossroads in his life, considering what choices he should make in his future life and work. And the next thing that happened that caused a sensation in the world inadvertently helped him roll the dice of fate.
On September 11, 2001, two passenger planes crashed into the twin towers of the World Trade Center in New York under the hostage of ***, when Ma Zhihua witnessed the huge panic and riots that followed at his residence in Washington, D.C., only four blocks from the White House. After dialing ** to report his safety to his parents as soon as possible, he thought twice and made his own decision - to return to China.
Luckily, at that time, an American law firm called the Gott Brothers had an open position, and that position happened to be in their Shanghai office. After an interview in Washington, Ma Zhihua successfully got an offer. That's it, in"911 Incident"Two weeks after the incident, Ma Zhihua packed up and returned to China.
Gault Brothers is the first foreign law firm to open an office in China, entered the Chinese mainland market in the early 90s, and has the No. 001 foreign law firm business license issued by the Ministry of Justice of China. At that time, the law firm was engaged in a large number of FDI (foreign direct investment) business, overseas listing business of Chinese enterprises and equity acquisition business.
China's accession to the WTO in 2001 gave rise to a wave of "buying, buying, buying" in China, and enterprises from all over the world began to carry out large-scale investment and mergers and acquisitions in China. At this time, the Gault brothers also developed into one of the largest foreign-funded law firms in Chinese at that time, and it was in this context that Ma Zhihua joined the firm.
This situation was maintained from 2001 until the 2008 financial crisis, and the law firm's business was often in a state of inexhaustibility. During this period, Ma Zhihua, as a newcomer who has just entered the industry, quickly entered the state, although the work intensity is very high, but also allowed him to learn a lot of things intensively in a short period of time, and benefited a lot.
Speaking of his own experience, Ma Zhihua is especially grateful to the person who recruited him to the law firm, and is also his first partner after working - Mr. Owen Nee Ni Youwen.
Owen is a distinguished non-litigious lawyer with a focus on corporate law. He has excellent critical thinking skills and always has a keen grasp of the main points and core needs of his clients. "Ma Zhihua recalled.
For him, Owen was a guide, walking him through the rookie and even helping him revise some of his memos, giving him an idea of what a good business lawyer should look like and what standards a good memo should present. At the beginning of his career, such mentoring was crucial for him.
Sadly, Owen passed away during the pandemic. Ma Zhihua believes that in the history of the development of China's contemporary lawyer industry, Mr. Ni Youwen should be remembered. "Not only because he chose to practice in China from the United States in the vigorous torrent of the times, established the largest foreign-funded law firm in China at that time, and achieved brilliant results, but also because he trained a group of local Chinese lawyers with the ability to engage in international business at that time. I still often meet Chinese lawyers who have also worked at the Gault Brothers, and they are all very good. "Ma Zhihua said.
In 2019, he represented the firm in Hong Kong at the Best Served Law Firm Awards, and in 2015, he joined DaHui Law Firm, where he now works. Prior to that, he spent a long time at two British and one U.S. law firm, as well as at one of the top domestic law firms. He is qualified to practice law in New York, England and Wales and China, and is very good at handling cases with foreign elements, especially in foreign English proceedings, because of his extensive overseas work experience and experience in doing foreign-related business in China.
Ma Zhihua started with non-litigation business, and later gradually adjusted his focus to cross-border dispute resolution, with international commercial arbitration as the main direction.
Talking about this change, Ma Zhihua told us the story of him and another person, the protagonist of this story is called Neil Kaplan.
Ma Zhihua's relationship with Neil began in 2005 when he took a course on international arbitration in Shenzhen. At the time, Neil was one of the lecturers. This seemingly unsmiling but humorous old British man, speaking a strong Oxford accent, gave a lecture in simple terms and full of fun, which left a very deep impression on Ma Zhihua. After getting to know him, he learned that Neil is the former chairman of the Hong Kong International Arbitration Centre (HKIAC) and has a great reputation in Hong Kong arbitration and even international arbitration.
After learning by chance that Neil was looking for a legal assistant, Ma Zhihua plucked up the courage to catch up with Neil who had already left the classroom after the course, introduced himself to him, and eventually became Neil's third legal assistant on the recommendation of his partner Owen.
This dramatic scene of self-proclaimed provocation was an unforgettable experience for both parties, and years later, Neil wrote about it in her memoir.
In the English countryside town when working for Neil"I worked with Neil for a year and a half, and my intermediate contract was extended once. Although it is not a long time, during this time, I followed him to participate in the world**, and witnessed the working methods of the world's top international arbitration lawyers and some famous scenes of arbitration. From procedural issues to substantive disputes, from short half-days** to three-week hearings, it became a daily routine in my work, which had a profound impact on my later career, and my interest in international arbitration grew stronger and my experience quickly accumulated. Ma Zhihua said with emotion"This led directly to my subsequent transformation in this direction. "
Ma Zhihua has maintained a close friendship and close communication with Neil Kaplan, and in the process of this article, he flew directly to Australia after an arbitration tribunal in Singapore to participate in the local arbitration week and stand up for his energetic friend and teacher in his eighties.
Ma Zhihua mentioned that more and more people in China are paying attention to international arbitration, but there are relatively high technical barriers in this field. Language barriers, foreign law barriers, differences in rules, experience limitations, etc., often discourage many excellent litigators. And to make great progress in this field, it requires a lot of learning in these areas, and in addition to that, a lot of practical practice.
Because of Neil Kaplan, Ma Zhihua was drawn into the core circle of the field of international arbitration very early, came into contact with some of its core practices, and accumulated rich experience, he knows too well the importance of practice in the growth of arbitrators, and he has also had a lot of exchanges with a number of domestic legal professionals who are interested in international arbitration.
Ma Zhihua believes that high-level dispute resolution professionals in China's legal community are emerging one after another, however, because the number of international arbitration cases is relatively limited, it is difficult for most people to accumulate a lot of practical experience, and lawyers often feel challenged when dealing with some complex operations such as cross-examination of witnesses and experts.
Therefore, Ma Zhihua suggested that if young lawyers really want to make achievements in the field of international arbitration, the first thing is to find a platform to get more opportunities to get in touch with actual case operations. On a platform that does not focus on international commercial arbitration or international dispute resolution, it is difficult to actually participate in the case, even if you are interested in it, read a lot of literature, and give a lot of lectures. The result of this is most likely that you are stuck in place and unable to take the first step.
Over the years, Ma Zhihua has always attached great importance to the training of young lawyers. Since he joined DaHui in 2015, he has successfully handled a large number of cases, including overseas construction claims, investment and financing mergers and acquisitions, international sales of goods, hotel management, etc., covering a wide range of cases and winning high recognition from clients. At DaHui, talented young lawyers and even interns have the opportunity to participate in cases governed by the rules of the Hong Kong International Arbitration Centre (HKIAC), the Singapore International Arbitration Centre (SIAC), the International Court of Arbitration (ICC) of the International Chamber of Commerce (ICC), the United Nations Commission on Trade Law (UNCITRAL) and others.
In the process, lawyers can gradually accumulate valuable business experience, develop business skills, and build confidence. "Ma Zhihua said. He hopes to build a strong team that can be able to participate in international commercial arbitration, investment arbitration and other fields"Compete with your peers from other firms"。
As we all know, international arbitration is probably one of the most international areas of the legal profession, often requiring communication and cooperation with legal professionals from different jurisdictions, and lawyers, arbitrators and experts often come from different countries to form a very international team. Ma Zhihua found that these people have a very special commonality, that is, most of them are energetic and especially like to explore and exchange different cultures.
He also enjoyed the exchange"In the process, we learned from each other and saw the differences in culture and thinking between each other, which was particularly interesting. "
In addition to his years of overseas study and work experience, as well as his long-term immersion in international arbitration and foreign-related business, he seems to have some natural advantages when he grew up in the old Beijing hutongs"Sheniu"Attribute.
Hutong is actually a community, surrounded by your neighbors, you may go to this house for dinner today, run to that house tomorrow to play, you know all the people, and it is a norm to take the initiative to socialize. In addition, I studied in Beijing No. 8 Middle School in middle school, and I often participated in some international exchange activities at that time. I grew up in such an environment, and I was never afraid to deal with people. "Ma Zhihua said with a smile.
As mentioned at the beginning of the article, in the eyes of many people, Ma Zhihua does not look like a lawyer.
His father was a young man who graduated from the Russian language and literature and was a lover of foreign literature and art and ancient Chinese poetry. When Ma Zhihua was a child, his family was often surrounded by all kinds of piano, chess, calligraphy and painting, domestic and foreign literary and artistic works, and he also developed a strong interest in them.
When I was a child, I learned calligraphy and painting, and I liked both Chinese and Western paintings. At that time, there was no 798 in Beijing, and I often went to Rong Bao Zhai, Liulichang, or the National Art Museum of China to see paintings, and I soaked for half a day. "
Ma Zhihua later became obsessed with photography. When he first went to work in Shanghai, he even brought a full set of ** processing equipment, and in his spare time, he often stayed alone in the dark room to wash the ** he filmed. To this day, you can still feel his photography skills in his WeChat circle of friends, and the ** he shares is not inferior to the works of a professional photographer in terms of composition and layout, color and atmosphere.
Photographed by Ma Zhihua**"Being a lawyer, especially a litigator, is sometimes very stressful, and if you don't have some hobbies to do it, you can't bear it. That's why so many lawyers love food and even invest in catering after a successful career. Photography allows me to take a short break from my work, and the moment I press the shutter, I feel very relaxed, and at the same time, it brings a lot of fulfillment, which becomes a mechanism for me to balance work and life. "
Ma Zhihua, a literary and artistic youth, also loves writing very much, and his writing is brilliant.
He runs a WeChat *** called himself"Ma Bao said", and also gave himself a pen name that is also Zhuang and evil: Lao Ye Erma said arbitration.
In fact, he is not the only one who writes about international arbitration in this account, and from time to time he also writes something that seems irrelevant, sometimes about a song, sometimes about a trip, and sometimes, a long story, detailing his studies since he studied and engaged in international arbitration.
Serengeti and the nearby Ngorongoro Crater are two of Tanzania's several national parks. In their territory of tens of thousands of square kilometers, nature is the master of all things, animals are the natural masters, and people are just passers-by who intrude into them, the most insignificant existence. In the dry and rainy seasons, day and night, the animals are able to roam freely, forage, play, grow and reproduce in the most unrestrained nature. Just like their ancestors, for hundreds of millions of years, whenever the sun sets and the canopy is raised, you will look up and see the stars and the Milky Way shining in the night sky. And the stars and the Milky Way also quietly gaze at all the creatures in the East African savannah, sheltering each member of them and bless this magical land. "
Tanzania East African Savannah Tour
On June 8, 2005, just after 7 a.m. London time, I was standing alone at the intersection of Marylebone Road and Baker Street with my luggage. On the streets of London in the early morning, there are no pedestrians. The bright summer sun of England shines through the towering trees and onto the quaint and elegant buildings and streets that surround it. It had just rained on the ground, and the damp, uncleared water reflected the clear blue sky and green leaves. In the distance, a white building that looks like a church sounds like a melodious bell. Everything around you is like a brightly colored postcard, and it is very beautiful. I never thought that the hustle and bustle of London would be so quiet and beautiful that I could see that I almost forgot to report to Neil.
My Road to Arbitration" (6).
The words spoken by Ma Bao are vivid and infectious, and his meticulous observation and love for everything around him are everywhere.
After I came back from Tanzania, I saw people on Amway, and I also wrote an article nostalgic for Tanzania, and many people were looking for me to guide after seeing it, so I will preview it here, and my next article will be called'Tanzania travel Q&A'。"Ma Zhihua said with a smile.
Looking back on his own experience over the past 20 years, Ma Zhihua believes in the ancient but simple truth upheld by the Chinese - God rewards hard work, and believes that as long as you put enough energy, you will definitely gain something.
Some of the successful people around me may not be graduates of prestigious universities by traditional standards, but they have worked diligently and persistently to seize the opportunity of China's rapid development, devote themselves wholeheartedly, focus on it, and finally achieve great success in their fields. "
Ma Zhihua firmly believes that life is a marathon, and when you stretch your horizons, you will find that everyone's life is like a piece of music, with highs and lows, arias and lows. "In fact, if everything goes well, it is not necessarily a good thing. It is only through these setbacks that we will cherish success more than we take it for granted. "
He himself has experienced setbacks and difficulties in his career, as well as pain and confusion, and even doubted whether he was suitable to be a lawyer. I can't count how many times, he thought and practiced repeatedly, just for an epiphany at a certain moment.
A long time ago, Ma Zhihua's father told him that if there is one thing you want to do, try it, at least a 50% chance of success, and if you don't try, this number is 0%. This phrase later became one of his behavioral philosophies in many situations.
Try it, but what if it doesn't work?nothing to lose。"Ma Zhihua said.
Written by Irene.
Typography | kk